Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... protection of women from domestic violence act, 2005 enables the magistrate, in addition to other reliefs that may be granted under this act, on an application by the aggrieved person, to pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic ..... who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided ..... that material for this court to conclude as to whether the defendants would not commit criminal act or acts of violence in the future and whether there was any possibility of their reform and rehabilitation is amply available from the record of the trial court in respect of investigation and trial in ..... from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or ..... of the defendants as well as aggressive posturing by or on their behalf have discouraged courts from proactively engaging with the acts and omissions by or on behalf of the defendant which are way beyond the constitutional and statutory protections .....
Tag this Judgment!Court : Delhi
..... the learned mm is directed to consider the domestic incident report and consider the contents of the application and find out whether the respondents (petitioners herein) had any domestic relationship with the applicant and could be fitted in the definition of the "respondent" as given in section 2(q) of the protection of women from domestic violence act, 2005 and then only issue notice to them. ..... 1.by the present petition, the petitioners have assailed order dated 5th november, 2009 passed by the learned metropolitan magistrate on an application under section 12 of the protection of women from domestic violence act, 2005 (in short domestic violence act) made by the respondent. ..... under the protection of women from domestic violence act, 2005 an aggrieved person does not have liberty to make every relative of the husband as a respondent.6. ..... it is apparent from the above provision of domestic violence act that before passing an order on application, the magistrate has to take into consideration the domestic incident report received from him by protection officer or service provider. ..... -(1) an aggrieved person or a protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. .....
Tag this Judgment!Court : Allahabad Lucknow
..... " the protection of women from domestic violence act, 2005 27. ..... case no.990 of 2012 through this application, the applicants have prayed to quash the entire proceedings of case no.509 of 2010:preeti goswami versus neeraj goswami and others, pending under section 12 of the protection of woman from domestic violence act (in short domestic violence act), pending in the court of viii additional chief judicial magistrate, lucknow as also to quash the order dated 16th of february, 2012, passed by the learned additional chief judicial magistrate, court no.32 in the said case. ..... cognizance of the term "jurisdiction" as defined under section 27 of the domestic violence act and held as under:- "keeping in mind the said objects of the act, it has to be considered that the legislature has provided the aggrieved women, covered under the act, with such wide options to institute a case against the unscrupulous persons who harass or abuse her at the places covered under section 27 of the act with an intent that women may opt for the place which best suited ..... it is further stated that the learned additional chief judicial magistrate, lucknow did not call domestic violence report from the district protection officer, gurgaon, haryana, who is the competent authority being appointed under the act for the area where incident is alleged to have taken place. .....
Tag this Judgment!Court : Delhi
..... it was also stated by the appellant in her written statement that several civil and criminal litigation's were pending between her and her husband, including a complaint under section 12 of the protection of women from domestic violence act, 2005, which is pending adjudication before the dwarka district courts. ..... in order to appreciate the contentions of the appellant it would be necessary to refer to certain definitions and provisions of the protection of women from domestic violence act, 2005 (hereinafter called the domestic violence act, 2005). 17. ..... considering the contention of the appellant and the beneficent provisions of the domestic violence act overrides all other provisions and no law can deprive an estranged wife from such reliefs as contemplated under the act, it would be necessary to refer to section 26 of the domestic violence act. ..... not have been decided under order 12, rule 6 of the cpc merely on the basis of the written statement of the appellant and the same ought to not have been treated as a waiver of her statutory right flowing from the domestic violence act. ..... an outsider who is not privy to any dispute between the warring couple or has any truck or alliance with them to extend tenancy in their/in wifes favour without his choice or willingness despite the beneficent provisions of the domestic violence act when the term of lease has expired and the tenancy also stands terminated. 44. .....
Tag this Judgment!Court : Delhi
..... subsequently, on 18th january, 2014, the respondent filed an application under section 12 read with sections 18, 19, 20, 21 and 22 of the protection of women from domestic violence act, 2005 against the petitioners herein, along with an application under section 23 (2) of the dv act in the court of chief metropolitan magistrate, patiala house courts, new delhi.4. ..... savita bhanot; (2012) 3 scc183 has observed that the conduct of the parties even prior to the coming into force of the protection of women from domestic violence act, 2005 could be taken into consideration while passing an order under sections 18, 19 and 20 of dv act thereof. ..... , the petitioners invoke the inherent jurisdiction of this court under section 482 of the code of criminal procedure, 1973 to set aside the impugned orders dated 07th august, 2015 passed by the learned special judge (pc act)-03: cbi, patiala house courts, new delhi, in criminal appeal no.03 of 2015 and the interim maintenance order passed by the learned metropolitan magistrate on 11th february, 2015 under section 23 of the protection of women from domestic violence act, 2005 crl.m.c. .....
Tag this Judgment!Court : Delhi
..... pithily stated, the question arising for the consideration of this court revolves around the interpretation of the term shared household as envisaged under section 2(s) of the protection of women from domestic violence act, 2005 and if the present case stands squarely covered by the authoritative pronouncement of the supreme court of india reported as (2007) 3 scc169s.r batra & anr. v. ..... she continued the circumstances her right to residence in the suit property cannot be denied, and as regards issues of title, we have already observed that the right of residence under the protection of women from domestic violence act, 2005, the same would have no bearing. ..... section 2(s) of the protection of women from domestic violence act, 2005 reads as under:-" 2 (s) shared household means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the ..... apart from the above, we are of the opinion that the house in question cannot be said to be a 'shared household' within the meaning of section 2(s) of the protection of women from domestic violence act, 2005 (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Delhi
..... instituted a case (v no.210/2012) invoking the provisions contained in the protection of women from domestic violence act, 2005 in the court of metropolitan magistrate for shahdara district with allegations, inter alia, of she having been subjected to domestic violence at the hands of the respondent husband and members of his family.2. ..... the petition which had been initially filed seeking reliefs under the protection of women from domestic violence act, 2005 required the provisions of the code of criminal procedure, 1973 to ..... the proceedings in the original case (no.210/2012) under protection of women from domestic violence act, 2005, which were closed earlier on 27.11.2012 shall stand revived.12 ..... at hand involves interpretation of the provision contained in section 28 of the protection of women from domestic violence act, 2005, which reads thus:-" 28. ..... was advised to approach the court of metropolitan magistrate again to pursue her remedies under the protection of women from domestic violence act, 2005. ..... wife had certain grievances, her police complaints indicating she having been subjected to domestic violence, this in continuity of what she had statedly suffered prior to the filing of the domestic violence act and indeed prior to the settlement agreement.9. ..... petition is to provide for more effective protection of the rights of women guaranteed under the constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or .....
Tag this Judgment!Court : Delhi
..... subsequent to that event, the petitioner (wife) presented a complaint (cc no.178/6/14) in the court of the metropolitan magistrate invoking section 12 read with sections 18, 19, 20 and 22 of the protection of women from domestic violence act, 2005 (for short, domestic violence act) seeking various reliefs. ..... the proceedings in the case of the petitioner against the respondent under section 12 of the protection of women from domestic violence act, 2005 are revived before the crl. m.c. ..... no.4705/2016 page 4 of 6 protection of women from domestic violence act, 2005 on the ground that the petitioner had ceased to be an aggrieved person and further on conclusion that the claim as put forth was barred by limitation . ..... submissions made by shri ranjit kumar on the issue of limitation, in view of the provisions of section 468 crpc, that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of sections 28 and 32 of the 2005 act read with rule 15(6) of the protection of women from domestic violence rules, 2006 which make the provisions of crpc applicable and stand fortified by the judgments of this court in japani sahoo v. ..... that section 468 of the code of criminal procedure applies to the said case under the 2005 act as envisaged under sections 28 and 32 of the said act read with rule 15(6) of the protection of women from domestic violence rules, 2006. .....
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